The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision not to accept her complaint about its actions in relation to her partner’s child. This is because there is no sign of fault in the Council’s response and an investigation by this office could not add to the response previously provided by the Council.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s decision not to accept her complaint about its actions in relation to her partner’s child, Y.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about its actions in relation to her partner’s child, Y, when it placed Y in their family home.
Miss X does not have parental responsibility for Y. Miss X’s partner has parental responsibility for Y with the Council. He has not provided consent for the complaint to be made.
The Council told Miss X it cannot accept the complaint from her because it needs to be made either by, or with, the consent of a person who holds parental responsibility for Y.
There is no sign of fault in the Council’s response and explanation to Miss X on this matter. It has clearly explained why it cannot accept this complaint from her. A further investigation by this office would not be able to add to the Council’s response on this.
The same requirement would also apply to this office being able to consider the substantive matter once it had completed the Council’s complaints procedure.
Final decision
We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s response and explanation to Miss X and an investigation by this office could not add to the response previously provided by the Council.
Investigator's decision on behalf of the Ombudsman